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Nhundu and Chiwera v Secretary of State for the Home Department (Zimbabwe): IAT 1 Jun 2001

IAT ‘This case is one of the first to raise issues under section 65 of the Immigration and Asylum Act 1999. It requires the Tribunal to examine in particular certain aspects of the protection afforded by article 8 of the European Convention of Human Rights to the right to respect for private and family life … Continue reading Nhundu and Chiwera v Secretary of State for the Home Department (Zimbabwe): IAT 1 Jun 2001

MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017

Challenge to rules requiring certain minimum levels of income (Minimum Income Requirement – MIR) for allowing entry for non-EEA spouse. Held: The challenges udder the Human Rights Act to the Rules themselves failed. Nor did any separate issue of discrimination arise under article 14. However, the appendix with instructions for entry clearance officers considering the … Continue reading MM (Lebanon) and Others, Regina (on The Applications of) v Secretary of State and Another: SC 22 Feb 2017

Ahmed, Regina (on the Application of) v Asylum Support Adjudicator and Another: Admn 2 Oct 2008

The claimant, a failed asylum seeker, sought judicial review of the refusal to him of accomodation Judges: Silber J Citations: [2008] EWHC 2282 (Admin) Links: Bailii Statutes: Immigration and Asylum Act 1999 4, Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) Regulations 2005 Jurisdiction: England and Wales Immigration, Housing Updated: 19 July 2022; Ref: … Continue reading Ahmed, Regina (on the Application of) v Asylum Support Adjudicator and Another: Admn 2 Oct 2008

Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another: Admn 10 Apr 2008

The defendant had had responsibility to investigate and if necessary prosecute a company suspected of serious offences of bribery and corruption in the conduct of contract negotiations. The investigation had been stopped, alledgedly at the instigation of the government of Saudi Arabia, with a threat of ceasing co-operation in security arrangements. Held: The rule of … Continue reading Corner House Research and Campaign Against Arms Trade, Regina (on the Application of) v Director of the Serious Fraud Office and Another: Admn 10 Apr 2008

Shire v Secretary of State for Work and Pensions: CA 13 Oct 2003

The claimant, a Somali woman, had arrived at Gatwick Airport from Yemen at 10.30 pm on 29 August 1999 and not claimed asylum until 31 August (the intervening day being a bank holiday). Her reason for not claiming at Gatwick was that she was accompanied by an agent who unsurprisingly was concerned that nothing be … Continue reading Shire v Secretary of State for Work and Pensions: CA 13 Oct 2003

European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

A scheme had been introduced to arrange pre-entry clearance for visitors to the United Kingdom by posting of immigration officers in the Czech Republic. The claimants argued that the system was discriminatory, because Roma visitors were now subjected to a much more rigorous examination than others, and also that the arrangement put the respondent in … Continue reading European Roma Rights Centre and others v Immigration Officer at Prague Airport and Another: CA 20 May 2003

Regina (on the Application of Kanagasingham Kariharan and Kanagara) v Secretary of State for the Home Office: CA 30 Jul 2002

The applicants were subject to removal directions following the failures of their applications for asylum had failed. The decisions were made before the Human Rights Act came into effect, but the direction orders were made afterwards. They sought to challenge the directions on Human Rights grounds. Held: They had a right of appeal since the … Continue reading Regina (on the Application of Kanagasingham Kariharan and Kanagara) v Secretary of State for the Home Office: CA 30 Jul 2002

Secretary of State for the Home Department v International Transport Roth Gmbh and others: CA 22 Feb 2002

The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The penalties were substantial, though there existed a system of appeals. Held: The principle … Continue reading Secretary of State for the Home Department v International Transport Roth Gmbh and others: CA 22 Feb 2002

Selmouni v France: ECHR 28 Jul 1999

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 3; Violation of Art. 6-1; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedingsThe claimant said that he had been severely beaten whilst detained in police custody for interview. Held: ‘Article 3 enshrines one of the most fundamental values … Continue reading Selmouni v France: ECHR 28 Jul 1999

Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

Two foreign nationals with leave to remain in this country committed serious crimes. The Secretary of State ordered their deportation. Held: Where the deportation of a foreigner following a conviction here, would conflict with his human rights, the court had to assess whether the, first, the objective could be achieved by some alternative, less interfering, … Continue reading Samaroo and Sezek v Secretary of State for the Home Department: CA 17 Jul 2001

De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998

British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad: Admn 11 Jan 2012

The BBC wished to interview the prisoner who had been detained pending extradition to the US since 2004, and now challenged decision to refuse the interview. Held: The claim succeeded. The decision was quashed and must be retaken. If ever any case justified exceptional treatment, this was one. He had been held without trial for … Continue reading British Broadcasting Corporation (BBC) and Another, Regina (on The Application of) v Ahmad: Admn 11 Jan 2012

Regina v Ministry of Defence Ex Parte Smith and Others: QBD 7 Jun 1995

An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive grounds save where the court is satisfied that the decision is unreasonable in the sense that it … Continue reading Regina v Ministry of Defence Ex Parte Smith and Others: QBD 7 Jun 1995

Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017

Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the Secretary of State by the 1998 Act to act compatibly with the right to respect for … Continue reading Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department: SC 22 Feb 2017

Westminster City Council v National Asylum Support Service: HL 17 Oct 2002

The applicant sought assistance from the local authority. He suffered from spinal myeloma, was destitute and an asylum seeker. Held: Although the Act had withdrawn the obligation to provide assistance for many asylum seekers, those who were infirm and whose infirmity was not a consequence of their destitution, had not been excluded. Only able bodied … Continue reading Westminster City Council v National Asylum Support Service: HL 17 Oct 2002

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

Tm (Eea Nationals – Meaning; Ni Practitioners : Zimbabwe): UTIAC 14 Mar 2017

1. Schedule 1, paragraph 1 (d) of the Immigration (European Economic Area) (Amendment) Regulations 2012 (SI 2012/1547) amended the definition of EEA national to exclude those who are also British Citizens, but that change was subject to the transitional provisions set out in Schedule 3 of those regulations. Similar provisions were added to the Immigration … Continue reading Tm (Eea Nationals – Meaning; Ni Practitioners : Zimbabwe): UTIAC 14 Mar 2017

Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had been made (ineffectively) to assist the dispossessed islanders, but an … Continue reading Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2): HL 22 Oct 2008

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

F and Another, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Apr 2010

The defendants had been convicted and sentenced for offences which under the 2003 Act would mean that they stayed permanently on the Sex Offenders’ register without possibility of a review. The Secretary of State appealed aganst a finding that the absence of a review was incompatible with their article 8 rights. Held: The appeal failed. … Continue reading F and Another, Regina (on The Application of) v Secretary of State for The Home Department: SC 21 Apr 2010

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

HM Treasury v Ahmed and Others: SC 27 Jan 2010

The claimants objected to orders made freezing their assets under the 2006 Order, after being included in the Consolidated List of suspected members of terrorist organisations. Held: The orders could not stand. Such orders were made by the executive without parliamentary scrutiny by the use of Orders in Council. Statutory provision for counter-terrorism was in … Continue reading HM Treasury v Ahmed and Others: SC 27 Jan 2010

Kariharan and Others v Secretary of State for the Home Department: Admn 5 Dec 2001

The claimants had applied for asylum, being Tamils from Sri Lanka. The applications had been rejected, and they sought to challenge the decisions to return them as a breach of their human rights. The new Act and transitional provisions created a new right of appeal, but the applicants fell outside the policy which added certain … Continue reading Kariharan and Others v Secretary of State for the Home Department: Admn 5 Dec 2001

Regina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu: Admn 29 Jul 1999

The three asylum seeker appellants arrived in the United Kingdom at different times in possession of false passports. They were prosecuted for possession or use of false documents contrary to section 5, and for obtaining air services by deception under the Criminal Attempts Act. At the time, their applications to be accorded refugee status had … Continue reading Regina v Uxbridge Magistrates and Another ex parte Adimi; R v CPS ex parte Sorani; R v SSHD and Another ex parte Kaziu: Admn 29 Jul 1999

Regina on the Application of B and others v Secretary of State for the Foreign and Commonwealth Office: CA 18 Oct 2004

The applicant children had been detained in immigration camps in Australia. They escaped and sought refuge in the British High Commission in Melbourne and claimed diplomatic asylum. They claimed in damages after being returned to the authorities in Australia. Held: Any threat to their safety was not sufficient to justify not returning them to the … Continue reading Regina on the Application of B and others v Secretary of State for the Foreign and Commonwealth Office: CA 18 Oct 2004

V v The United Kingdom; T v The United Kingdom: ECHR 16 Dec 1999

The claimant challenged to the power of the Secretary of State to set a tariff where the sentence was imposed pursuant to section 53(1). The setting of the tariff was found to be a sentencing exercise which failed to comply with Article 6(1) of the European Convention in that the decision maker was the Secretary … Continue reading V v The United Kingdom; T v The United Kingdom: ECHR 16 Dec 1999

Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010

Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004

Swiggs and others v Nagarajan: HL 15 Jul 1999

Bias may not be intentional The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim of victimisation contrary to section 2(1) of the 1976 Act, finding … Continue reading Swiggs and others v Nagarajan: HL 15 Jul 1999

A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004

Porter and Weeks v Magill: HL 13 Dec 2001

Councillors Liable for Unlawful Purposes Use The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be unlawful and leave the authority unable to meet … Continue reading Porter and Weeks v Magill: HL 13 Dec 2001

Regina v Secretary of State for the Home Department, Ex Parte Balbo B and C Auto Transporti Internazionali: Admn 22 Mar 2001

Where a notice of liability was served on a transport operator with regard to his responsibility for transporting illegal immigrants into the country, and he wished to challenge it, the proper approach was to allow the notice to expire, and then to . .

Jeyeanthan, Regina (on the Application of) v Secretary of State for the Home Department Respondent: CA 21 May 1999

References: [1999] EWCA Civ 3010, [2000] 1 WLR 354, [1999] 3 All ER 231, [2000] Imm AR 10, [1999] INLR 241 Links: Bailii Coram: Lord Woolf MR Ratio:An appellant failed to use the prescribed form for his appeal, contrary to the Immigration Appeals (Procedure) Rules. There had not been substantial compliance with the Rules, although … Continue reading Jeyeanthan, Regina (on the Application of) v Secretary of State for the Home Department Respondent: CA 21 May 1999

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Chikwamba v Secretary of State for the Home Department: HL 25 Jun 2008

The appellant had fled Zimbabwe. Though her asylum application was refused, she was not returned for the temporary suspension of such orders to Zimbabwe. In the meantime she married and had a child. She now appealed an order for her removal citing human rights grounds. The respondent had a policy that the applicant must return … Continue reading Chikwamba v Secretary of State for the Home Department: HL 25 Jun 2008

McPherson v Secretary of State for the Home Department: CA 19 Dec 2001

The appellant had entered the UK as a visitor on regular occasions and latterly had used false passport. She was then convicted of supplying Class A drugs, and ordered to be deported. She had children who also were in the UK, and did not wish to be separated from them, and was afraid of violence … Continue reading McPherson v Secretary of State for the Home Department: CA 19 Dec 2001

Edore v The Secretary of State for the Home Department: CA 23 May 2003

The applicant challenged the decision of the Immigration Appeal Tribunal which had reversed a decision of an adjudicator and restored the Secretary of state’s decision to deport her. Held: The adjudicator’s decision was acknowledged to be proportionate, and struck a fair balance for the parties. As such it could not be overturned by the IAT. … Continue reading Edore v The Secretary of State for the Home Department: CA 23 May 2003

Regina (Ullah) v Special Adjudicator: Admn 16 Jul 2002

The appellant challenged an order denying him asylum and for his return to Pakistan. He said that his return would infringe his human rights be exposing him to denial of his rights to freedom of thought and religious belief. Held: The considerations under article 9 were the same as those already expounded by the court … Continue reading Regina (Ullah) v Special Adjudicator: Admn 16 Jul 2002

Beoku Betts v Secretary of State for the Home Department: HL 25 Jun 2008

The appellant had arrived from Sierra Leone and obtained student permits. When they expired he sought asylum, citing his family’s persecution after a coup, and that fact that other members of his family now had indefinite leave, and he said that an order returning him to Sierra Leone would impinge on their right to family … Continue reading Beoku Betts v Secretary of State for the Home Department: HL 25 Jun 2008

Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

Alfred Mcalpine Construction Limited v Panatown Limited: HL 17 Feb 2000

A main contractor who was building not on his own land, would only be free to claim damages from a sub-contractor for defects in the building where the actual owner of the land would not also have had a remedy. Here, the land owner was able to sue under a deed of covenant entered into … Continue reading Alfred Mcalpine Construction Limited v Panatown Limited: HL 17 Feb 2000

Clarke v Regina: CACD 23 Apr 2008

The defendant appealed his conviction for providing immigration services when not qualified to do so. Citations: [2008] EWCA Crim 651 Links: Bailii Statutes: Immigration and Asylum Act 1999 91 Jurisdiction: England and Wales Citing: Cited – Woolmington v Director of Public Prosecutions HL 23-May-1935 Golden Thread of British Justice – Proof of IntentThe appellant had … Continue reading Clarke v Regina: CACD 23 Apr 2008

SK, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Jan 2008

The claimant was a Zimbabwean National who was to be removed from the country. He was unlawfully held in detention pending removal. He sought damages for false imprisonment. He had been held over a long period pending decisions in the courts on the legality of returning failed asylum applicants to Zimbabwe. Held: Despite allegations of … Continue reading SK, Regina (on the Application of) v Secretary of State for the Home Department: Admn 25 Jan 2008

Regina v Fraydon Navabi; Senait Tekie Embaye: CACD 11 Nov 2005

The defendants had been convicted of not having an immigration document when presenting themselves for interview. They had handed their passports to the ‘agents’ who had assisted their entry. Held: The jury should have been directed as to the defence of reasonable excuse and otherwise. The statute had to be read so as to comply … Continue reading Regina v Fraydon Navabi; Senait Tekie Embaye: CACD 11 Nov 2005

Rainford, Regina (on the Application of) v Secretary of State for the Home Department: Admn 17 Oct 2008

The claimant had been in England since he was 11, and was now 38. He had been repeatedly convicted. He had challenged a deportation notice on a human rights basis. He now challenged a certificate that this claim was manifestly ill founded. Held: The certificate was quashed. The respondent was wrong to say that he … Continue reading Rainford, Regina (on the Application of) v Secretary of State for the Home Department: Admn 17 Oct 2008

Mohammad, Manoharan, Sakhee, Yogarajah v The Secretary of State for the Home Department: QBD 24 Jan 2002

The applicants were asylum seekers. They were made subject to certificates issued by the Secretary of State which would require refoulement, for them to be returned to the country into which they first made their escape for their application for asylum to ?e considered. They complained particularly that Germany was not a safe country to … Continue reading Mohammad, Manoharan, Sakhee, Yogarajah v The Secretary of State for the Home Department: QBD 24 Jan 2002

Farrakhan, Regina (on the Application of) v Secretary of State for the Home Department: CA 30 Apr 2002

The applicant sought admission to the UK. In the past he had made utterances which were capable of being racist. He claimed to have recanted, and had given undertakings as to his behaviour. At first instance it was held that the Home Secretary had failed to demonstrate an objective reason for refusing admission. It was … Continue reading Farrakhan, Regina (on the Application of) v Secretary of State for the Home Department: CA 30 Apr 2002

Regina v Secretary of State for the Home Department, Ex parte Yousaf Same v Same, Ex parte Jamil: CA 11 Jul 2000

A failure to appear at an earlier appeal which was through no fault of the appellant, should not be used by the Secretary as an excuse to defeat an appeal under the section. The Secretary of State should not treat the section as a safety net or fall back. It was in fact a secondary … Continue reading Regina v Secretary of State for the Home Department, Ex parte Yousaf Same v Same, Ex parte Jamil: CA 11 Jul 2000

B (Algeria) v Secretary of State for The Home Department: SC 8 Feb 2018

Bail conditions only after detention B had been held under immigration detention, but released by SIAC, purportedly in conditional bail, after they found there was no realistic prospect of his deportation because he had not disclosed his true identity. The court was asked ‘whether there exists a power under the 1971 Act to grant immigration … Continue reading B (Algeria) v Secretary of State for The Home Department: SC 8 Feb 2018

Core Issues Trust v Transport for London: Admn 22 Mar 2013

The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Regina (Nadarajah) v Secretary of State for the Home Department: Admn 2 Dec 2002

The Claimant was a Tamil from Sri Lanka claiming asylum. He was married in 1991; his wife was also Tamil. In 1995 his claim for asylum in Germany failed. What then happened was disputed. The Claimant said that he voluntarily returned to Sri Lanka, where he was imprisoned and tortured; that his wife procured his … Continue reading Regina (Nadarajah) v Secretary of State for the Home Department: Admn 2 Dec 2002

Regina (on the Application of Husain) v Secretary of State for the Home Department: QBD 5 Oct 2001

New regulations created a system under which applicants for asylum could be deprived of all benefits on the decision of an asylum support adjudicator. That person was appointed by the Home Secretary, and it was alleged was not impartial. It was argued that the system was dispensing discretionary benefits, and not rights, and that a … Continue reading Regina (on the Application of Husain) v Secretary of State for the Home Department: QBD 5 Oct 2001

Jaddi, Regina v: CACD 22 Nov 2012

Judges: The Vice President (Lord Justice Hughes) Mr Justice Ramsey Mr Justice Irwin Citations: [2012] EWCA Crim 2565, [2012] WLR(D) 347 Links: Bailii, WLRD Statutes: Immigration and Asylum Act 1999 31 Jurisdiction: England and Wales Crime Updated: 09 April 2022; Ref: scu.467634

Beoku Betts v Secretary of State for the Home Department: CA 6 Jul 2005

The appellant arrived aged 19 from Sierra Leone and was granted leave to enter as a student, which leave was extended. His famiy had been politically active and suffered abuse after a coup. When his leave expired he applied for asylum. Other family members had been granted indefinite leave. He appealed against the AIT’s refusal … Continue reading Beoku Betts v Secretary of State for the Home Department: CA 6 Jul 2005

Parry v Cleaver: HL 5 Feb 1969

PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic missile programmes. The bank sought to have the direction given under section 7 of the 2008 Act. … Continue reading Bank Mellat v Her Majesty’s Treasury (No 2): SC 19 Jun 2013

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

EB (Kosovo) v Secretary of State for the Home Department: HL 25 Jun 2008

The claimant arrived as a child from Kosovo in 1999. He said that the decision after so long, it would breach his human rights now to order his return. Held: The adjudicator had failed to address the effect of delay. That was a relevant consideration, and the matter would have to be looked at again.Lord … Continue reading EB (Kosovo) v Secretary of State for the Home Department: HL 25 Jun 2008

Norris v Government of United States of America: SC 24 Feb 2010

The defendant faced extradition to the USA on charges of the obstruction of justice. He challenged the extradition on the basis that it would interfere with his article 8 rights to family life, given that the offence was merely ancillary, the result would be disproportionate. The court was asked whether in order to found such … Continue reading Norris v Government of United States of America: SC 24 Feb 2010

Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Appellate Roles – Human Rights – Families Split The House considered the decision making role of immigration appellate authorities when deciding appeals on Human Rights grounds, against refusal of leave to enter or remain, under section 65. In each case the asylum applicant had had his own request refused but that of his family had … Continue reading Huang v Secretary of State for the Home Department: HL 21 Mar 2007

Bogdanic v The Secretary of State for The Home Department: QBD 29 Aug 2014

The claimant challenged fines imposed on him after three illegal immigrants were found to have hidden in his lorry in the immigration control zone at Dunkirk. The 1999 At was to have been amended by the 2002 Act, and the implementation was by the 2002 Order. That Order was now said to be ineffective. Held: … Continue reading Bogdanic v The Secretary of State for The Home Department: QBD 29 Aug 2014

SK (Zimbabwe) v Secretary of State for the Home Department: CA 6 Nov 2008

Immigration detention proper after prison release The Home Secretary appealed against a finding that he had unlawfully detained the applicant. The applicant had been detained on release from prison pending his return to Zimbabwe as recommended by the sentencing judge under section 6 of the 1971 Act. The court had found that the detention had … Continue reading SK (Zimbabwe) v Secretary of State for the Home Department: CA 6 Nov 2008

Adan v Secretary of State for the Home Department: HL 6 Apr 1998

A fear of persecution which was justified only historically, was insufficient to justify an asylum claim. The applicant must show justification for contemporary fears. The applicant had been granted exceptional leave to remain in the UK, but wanted full refugee status because of the additional rights that would bring. In each case an applicant had … Continue reading Adan v Secretary of State for the Home Department: HL 6 Apr 1998

Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis: Admn 25 Sep 2014

The claimant police officer sought judicial review of a decision to continue his suspension. He had been investigated and cleared after a death in custody. He sought to join the Church of England Ministry and was offered a post. He was re-assured that the matter was closed, resigned and took up the new post with … Continue reading Birks, Regina (On the Application of) v Commissioner of Police of the Metropolis: Admn 25 Sep 2014

Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was manifestly unfounded. Held: Mental health was part of the respect for private life protected by article 8. … Continue reading Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

References: [2004] UKHL 27, [2004] 3 WLR 58, Times 21-Jun-04, [2004] 2 AC 369, [2004] 3 All ER 821, [2004] INLR 349 Links: House of Lords, Bailii Coram: Lord Bingham of Cornhill, Lord Steyn, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell The claimant resisted removal after failure of his claim for asylum, … Continue reading Regina v Secretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004

law index

Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index